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Patna High Court

Ashok Kumar SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

Since the order dated 30 July 2018 has been complied with, the contempt petition is disposed, but the petitioner is granted liberty to agitate any remaining grievance.

Summary

The petitioner, Ashok Kumar Singh, filed a contempt petition in the Patna High Court seeking initiation of contempt proceedings against the State of Bihar and officials of Veer Kunwar Singh University for allegedly violating an earlier order dated 30 July 2018. The petitioner claimed that despite compliance with the order, a grievance persisted and requested liberty to agitate the matter. The respondent counsel acknowledged that the order had been complied with. The Court examined whether a contempt proceeding was warranted when the mandated compliance had already been achieved. Finding no basis for contempt, the Court nevertheless granted the petitioner liberty to raise any remaining grievance. Consequently, the contempt petition was disposed of.

Issues considered

  • Whether the alleged violation of the order dated 30 July 2018 justifies initiation of contempt proceedings.
  • Whether the petitioner is entitled to liberty to agitate the matter despite compliance with the order.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • compliance
  • liberty to agitate
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3600 of 2018
                                                       In
                                Civil Writ Jurisdiction Case No.14601 of 2018
                 ======================================================
                 Ashok Kumar Singh Son of Ram Sumer Singh Resident of Vill - Khamharia
                 Sujat, P.S. - Hiraiya Hiyarpur, District - Basti U.P. Retired Section Officer,
                 Veer Kunwar Singh University, Ara.

                                                                               ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar
           2.    Sri. R. K. Mahajan, Principal Secretary, Higher Education Department,
                 Government of Bihar, Patna.
           3.    Shri Nand Kishore Saha, The Vice Chancellor, Veer Kunwar Singh
                 University, Ara.
           4.    Shri Shyama Nand Jha, The Registrar, Veer Kunwar Singh University, Ara
           5.    Shri Padmakar Mishra, The Finance Officer, Veer Kunwar Singh University,
                 Ara.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nawnit Kumar Tiwary, Advocate
                 For the Opposite Party/s :        Mr.Rajesh Prasad Choudhary, AAG-15
                 For the University       :        Mrs. Nutan Sahay, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   30-04-2026                    Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiation of contempt proceeding

                                              against the opposite parties for violating the

                                              order dated 30.7.2018 passed in C.W.J.C.

                                              No. 14601 of 2018.

                                 3. Learned counsel for the petitioner accepts that the

                   order stands complied.
         Patna High Court MJC No.3600 of 2018(2) dt.30-04-2026
                                                     2/2




                                4. However, he wants liberty to agitate the matter, if

                   any grievance still remains.

                                5. Granting said liberty, the present contempt petition

                   stands disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U


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